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Patna High CourtCR. MISC./12711/2021allowed

Pawan Kumar v. The State Of Bihar

2021-12-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12711 of 2021 Arising Out of PS. Case No.-78 Year-2015 Thana- SHEKHPURA District- Sheikhpura ====================================================== PAWAN KUMAR, S/o Naresh Das R/o village- Baraichak Patam, P.S.- Munger, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bipin Kumar, Advocate For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in Sheikhpura P.S. Case No.78 of 2015, registered for the offences punishable under Sections 419, 420, 467, 468, 471, 34 of the Indian Penal Code and Section 10 of Bihar School Examination Board Act. It is alleged that in the Matriculation Examination of Bihar School Examination Board one Avinash Kumar was found appearing in place of the petitioner.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. It is further submitted that similarly situated co-accused person has been granted anticipatory bail vide order passed in Cr. Misc. No.33139 of 2015 on 11.08.2015. It is submitted that the

Patna High Court CR. MISC. No.12711 of 2021(2) dt.03-12-2021 2/2 petitioner has got no criminal antecedent as stated in para 3 of the bail petition.

Considering the fact that similarly situated co-accused person has been granted anticipatory bail by a coordinate Bench of this Court, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from the date of receipt of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheikhpura in connection with Sheikhpura P.S. Case No.78 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C. (Anjani Kumar Sharan, J.) Sanjay/- U T